GANGABEN Vs. COLLECTOR SURAT

JUDGEMENT

(1.) Heard learned Counsels.

(2.) The consent decree was passed in Special Civil Suit No. 422 of 1978 on 30-12-1988 by the Civil Judge (S.D.), Surat with regard to piece of land situated at Fulpada. Taluka Choryasi. District Surat. i.e.. Revenue Survey No. 27/1/2 admeasuring two acres and one guntha, i.e., 8,196.64 sq.mts. of land. The Town Planning'Scheme No. 15 (Fulpada) was implemented under Town Planning Scheme in place of original plot No. 59, i.e., Revenue Survey No. 27/1 final plot No. 57 was given. There was yet another piece of land at Fulpada being Revenue Survey No. 86 paiki admeasuring 1.23 acres and Survey No. 26/2 and 26/3 to which Town Planning Scheme was also applicable. The disputed land being Survey Nos. 27/1 and 86 paiki originally belonged to one Vallabhbhai Hasjibhai. These lands were mutated in the record of rights in the names of Hargovindbhai Vallabhbhai and Thakarbhai Vallabhbhai by successor. There was a partition between Hargovindbhai and Thakarbhai Vallabhbhai with regard to the ancestral property and thus land bearing Survey No. 27/1 and 86 paiki had gone in the share of Hargovindbhai. The aforesaid lands were in the name of Hargovindbhai Vallabhbhai as ancestral and HUF property. The suit was filed by Hargovindbhai Vallabhbhai in the Court of Civil Judge (S.D.), Surat for partition for the disputed land and in the Special Civil Suit No. 422 of 1978 on the basis of compromise the consent decree was passed. As per this decree passed on the consent terms the land being Survey No. 27/1 and Survey No. 86 paiki was divided into the plots by partition and a copy of the decree on the consent terms as above has been placed on record as Exh. 8. The petitioner No. 1 herein is daughter of deceased Hargovindbhai Vallabhbhai and petitioner No. 2 is daughter of Kamuben who is other daughter of deceased Hargovindbhai Vallabhbhai and petitioner Nos. 3 and 4 are the sons of Gangaben. Petitioner No. 5 is son of Jekorben who was sister of deceased Hargovindbhai Vallabhbhai. On the basis of the consent decree as aforesaid, the entries were made in the revenue record, i.e., in the record of city survey and the names were mutated in terms of the partition decree dated 30-12-1978 as above. On the basis of the aforesaid partition, names of the respective parties were entered in the village form No. 6 vide entry No. 1344 by Talati-cum-Mantri and this entry was also certified by the Deputy Mamlatdar vide his order dated 23-4-1980.

(3.) The Dy. Collector, Choryasi Prant in suo motu case No. RTS/Revision 2/83 passed an order on 12-8-1983 whereby the entries as aforesaid were set aside. Against this orde dated 12-8-1983 which is enclosed with the petition as Annexure "C" i.e.. the order passed in Case No. RTS/2/83 whereby entry No. 1344 dated 23-4-1980 was cancelled by the Dy. Collector, Choryasi Prant. Surat. Hargovindbhai Vallabhbhai and Ramanbhai Hargovindbhai preferred Revision Application before the Special Secretary (Appeals). Revenue Department. This revision petition under Rule 108(6) of the Gujarat Land Revenue Rules. 1972 was sent to the Collector. Surat and it was directed to be treated as appeal under Rule 108(5) for decision in accordance with law after hearing -The parties. This order was passed by the Revenue Department, Government of Gujarat on 10-2-1988 and. thereafter, the Collector, Surat passed an order on 13-7-I988 rejecting the appeal and confirming the order dated 12-8-1983. The present petitioners preferred appeal against the above order dated 13-7-1988 passed by Collector, Surat. before the Special Secretary (Appeals), Revenue Department. Government of Gujarat and order dated 19-4-1997 has now been passed by the Special Secretary (Appeals). Revenue Department. It is this order dated 19-4-1997 which is impugned in the present Special Civil. Application.